Common use of Submetering Clause in Contracts

Submetering. Landlord shall, at Tenant's sole cost and expense pursuant to Article 52, install and maintain a meter or meters (collectively, the "Submeter") at a location designated by Landlord to measure Tenant's consumption of electricity in the Demised Premises only. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas to service Tenant's equipment and the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Building, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such service, the amounts applying to Tenant's measured electrical demand and consumption (as determined by such Submeter) Landlord's Cost, plus a fee (the "Overhead Charge") equal to nine (9%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge are herein collectively called the "Electricity Additional Rent". Landlord may from time to time, increase the Electricity Additional Rent based upon any increase in Landlord's Cost. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premises), the electric service rendered through each meter may be computed and billed separately as above set forth. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect. In the event that such Bills are not paid within thirty (30) days after the same are rendered, Landlord may, after an additional thirty (30) days written notice and Tenant's failure to cure such default within such aggregate sixty (60) day period, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the ▇▇▇▇ of, and paid by Tenant to Landlord as additional rent.

Submetering. Landlord shall, at Tenant's sole cost and expense pursuant to Article 52expense, install and maintain a meter or meters (collectively, collectively the "Submeter") at a location designated by Landlord to measure Tenant's consumption of electricity in the Demised Premises onlyLandlord. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas to service Tenant's equipment and the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Building, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such service, the amounts applying to Tenant's measured electrical demand and consumption (amounts, as determined by such Submeter) the Submeter for the purpose of measuring Tenant's consumption and demand. Such service shall be computed at Landlord's Cost, plus a fee (the "Overhead Charge") equal to nine twelve (912%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge are herein collectively called the "Electricity Additional Rent". Landlord may from time to time, time increase the Electricity Additional Rent based upon any increase in Landlord's Cost. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premises), the electric service rendered through each meter may be computed and billed separately as above set forth. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect. In the event that such Bills are not paid within thirty (30) days after the same are rendered, Landlord may, after an additional thirty may upon ten (3010) days written additional notice and Tenant's failure to cure such default pay the Bills within such aggregate sixty said ten (6010) day period, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the ▇▇▇▇ of, and paid by Tenant to Landlord as additional rent.

Submetering. Landlord In the event that Owner shall furnish electricity to Tenant on a “submetering basis” Owner shall, at Tenant's Owner’s sole cost and expense pursuant to Article 52expense, install and maintain a meter or meters (collectively, the "“Submeter") ”), at a location designated by Landlord Owner, connections from the risers and/or circuits servicing the demised premises to measure Tenant's consumption the Submeter and perform all other work necessary for the furnishing of electricity electric current by Owner to the demised premises in the Demised Premises onlymanner provided for in this subdivision (1). If and so long as electric current is supplied by Landlord Owner to the Demised Premises or other Tenant controlled areas demised premises to service Tenant's ’s office equipment and the machinery and mechanical equipment for the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Buildingutilized by Tenant, if any, Tenant will pay Landlord Owner or Landlord's Owner’s designated agent, as additional rent for such service, the amounts applying to Tenant's measured electrical demand and consumption (amounts, as determined by the Submeter, for the purpose of measuring Tenant’s consumption and demand. In the event said air conditioning units are used by other tenants of the Building, the electric charges for such Submeter) Landlord's units shall be allocated by Owner proportionately, on the basis of the respective amount of rentable square feet occupied by such tenants, including Tenant. The additional rent payable by Tenant pursuant to this subdivision (1), shall be computed in the same manner as that for computation of Owner’s Cost, as applied to the demised premises, plus a fee (the "“Overhead Charge"”) equal to nine eight (98%) percent of such charge to LandlordOwner, representing administrative/overhead costs to LandlordOwner. The amounts computed from the Submeter together with the Overhead Charge Charge, are herein collectively called the "“Electricity Additional Rent"”, and such amounts computed from the Submeter shall be binding and conclusive on Tenant absent manifest error. Landlord If the Submeter should fail to properly register or operate at any time during the term of this lease for any reason whatsoever, Owner may estimate the Electricity Additional Rent, and when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Tenant paying any deficiency to Owner within ten (10) days after demand therefor, or by Owner crediting Tenant with the amount of any overpayment, as the case may be. Owner, at its option, may from time to time, increase the Electricity Additional Rent based upon any increase in Landlord's CostOwner’s Cost (and only to the extent of such increase). The periods to be used for the aforesaid computation shall be as Owner, in its sole discretion, may from time to time elect. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premisesdemised premises), the electric service rendered through each meter may be computed and billed at Owner’s option, separately as above set forth, or cumulatively. Bills for the Electricity Additional Rent (the "“Bills"”) shall be rendered to Tenant at such time as Landlord Owner may elect. Owner and Tenant agree, that the Submeter might be installed subsequent to the Commencement Date. In such event, Owner, at Owner’s sole option, may either (x) estimate the event that such Bills are not paid Electricity Additional Rent payable by Tenant for the period commencing on the Commencement Date and ending on the Occupancy Reading Date (hereinafter defined), and Tenant shall pay to Owner, within thirty ten (3010) days after demand therefor, the same are rendered, Landlord mayamount set forth on Owner’s estimate and, after rendition of a subsequent Owner’s Statement, an additional thirty appropriate reconciliation shall be made for any deficiency owed by Tenant, or any overage paid by Tenant, or (30y) render a Owner’s Statement to Tenant, after a reading of the installed Submeter is made (said date upon which the Submeter is read, being herein called the “Occupancy Reading Date”) on or about the date upon which Tenant shall have commenced normal business operations in the demised premises, and the amount calculated from the Submeter on the Occupancy Reading Date shall be determined on a per diem basis and then multiplied by the number of days from the Commencement Date through the Occupancy Reading Date to arrive at the amount due for said period, and Tenant shall pay the Electricity Additional Rent on the basis of such Submeter reading within ten (10) days written notice and Tenant's failure to cure after rendition of Owner’s Statement detailing such default within such aggregate sixty (60) day period, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the ▇▇▇▇ of, and paid by Tenant to Landlord as additional rentcomputation.

Submetering. Landlord shall, at Tenant's sole cost and expense pursuant to Article 52, shall install and maintain a meter or meters (collectively, the "“Submeter"”) at a location locations designated by Landlord to measure Tenant's consumption of electricity in the Demised Premises onlyLandlord. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas to service Tenant's ’s equipment and the air conditioning HVAC units and other appurtenant equipment contained therein or elsewhere in the Building, Tenant will pay Landlord or Landlord's ’s designated agent, as additional rent Additional Rent for such service, the amounts applying to Tenant's measured electrical demand and consumption (amounts, as determined by such the Submeter) Landlord's , for the purpose of measuring Tenant’s consumption and demand. Such service shall be computed at the Electricity Cost, plus a fee (the "“Overhead Charge"”) equal to nine ten percent (910%) percent of such charge to Landlordcharge, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge are herein collectively called the "“Electricity Additional Rent". Landlord may from time to time, increase the Electricity Additional Rent based upon any increase in Landlord's Cost”. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning HVAC units, and/or other appurtenant equipment servicing the Demised Premises), the electric service rendered through each meter may be computed and billed separately as above set forth. Bills for the Electricity Additional Rent (the "“Bills"”) shall be rendered to Tenant at such time as Landlord may elect. In the event that such Bills are not paid within thirty five (305) days after the same are rendered, Landlord may, after an additional thirty upon five (305) days written notice and Tenant's failure to cure such default within such aggregate sixty (60) day perioddays’ notice, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers Provider incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's L▇▇▇▇▇▇▇’s receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant T▇▇▇▇▇ agrees that, unless prohibited by law, Tenant's T▇▇▇▇▇’s Percentage of such taxes shall be passed on to, and included in the ▇▇▇▇ bill of, and paid by Tenant to Landlord as additional rentAdditional Rent. Landlord shall have the right from time to time to survey T▇▇▇▇▇’s electrical consumption and deliver revised Bills based on such survey, which shall be paid by Tenant in the time and manner set forth herein.

Submetering. Landlord shall, at Tenant's sole cost and expense pursuant to Article 52, shall install and maintain a meter or meters (collectively, the "Submeter") at a location or locations designated by Landlord, the cost of which shall be shared equally by Landlord and Tenant. The cost of the Submeter shall be the actual out-of-pocket cost therefor, evidenced by a photocopy of the ▇▇▇▇ therefor delivered to measure Tenant's consumption Tenant upon request, not to exceed the building standard charge therefor which is $5,000 per submeter. Tenants portion of electricity in the Demised Premises onlysuch cost shall be paid to Landlord within fifteen (15) days following demand therefor. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas demised premises to service Tenant's office equipment and the machinery and mechanical equipment for supplemental air conditioning units and other appurtenant equipment contained therein or elsewhere in the Buildingutilized by Tenant, if any, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such service, the amounts applying to Tenant's measured electrical demand and consumption (amounts, as determined by the Submeter, for the purpose of measuring Tenant's consumption and demand. In the event said air conditioning units are used by other tenants of the building, the electric charges for such Submeter) Landlord's units shall be allocated by Landlord proportionately, on the basis of the respective amount of rentable square feet occupied by such tenants, including Tenant. The additional rent payable by Tenant pursuant to this subdivision 1, shall be computed in the same manner as that for computation of Landlord Cost, as applied to the demised premises, plus a fee (the "Overhead Charge") equal to nine six (96%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge Charge, are herein collectively called the "Electricity Additional Rent", and such amounts computed from the Submeter shall be binding and conclusive on Tenant. If the Submeter should fail to properly register or operate at any time during the term of this lease for any reason whatsoever, Landlord may reasonably estimate the Electricity Additional Rent (on the basis of Tenant's prior consumption, if such information is available for at least one (1) year), and when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Tenant paying any deficiency to Landlord within fifteen (15) days after demand therefor, or by Landlord crediting Tenant with the amount of any overpayment, as the case may be. Landlord, at its option, may from time to time, increase the Electricity Additional Rent based upon any an increase in Landlord's Cost. The periods to be used for the aforesaid computation shall be reasonably selected by Landlord to approximate Tenant's actual usage. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premisesdemised premises), the electric service rendered through each meter may shall be computed and billed separately as above set forthcumulatively. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect, but not more frequently than monthly. In the event that such Bills are not paid within thirty (30) days after the same are rendered, Landlord may, after an additional thirty (30) days written notice and Tenant's failure to cure such default within such aggregate sixty (60) day period, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the The ▇▇▇▇ ofrendered by the Utility for such period will be made available for review by Tenant in Landlords' offices during business hours, upon request to Landlord. Landlord and Tenant agree, that the Submeter might be installed subsequent to the date (the "Initial Occupancy Date") that Tenant, or anyone (including, without limitation, any contractors or other workmen) claiming under or through Tenant first enters the demised premises. In such event, Landlord shall reasonably estimate the Electricity Additional Rent payable by Tenant for the period prior to the installation of the Submeter, which estimate may be based upon a later reading of the Submeter during the initial construction period, and Tenant shall pay to Landlord, within fifteen (15) days after demand therefor, the amount set forth on Landlord's estimate and, after rendition of a subsequent Landlord's Statement, an appropriate reconciliation shall be made for any deficiency owed by Tenant, or any overage paid by Tenant to Landlord as additional rentTenant.

Submetering. Landlord shall, at TenantLandlord's sole cost and expense pursuant (to Article 52the ----------- extent not already in place, install and maintain a meter or meters (collectively, the "Submeter") )), at a location designated by Landlord to measure Tenant's consumption of electricity in Landlord, connections from the risers and/or circuits servicing the Demised Premises onlyto the Submeter and perform all other work necessary for the furnishing of electric current by Landlord to the Demised Premises in the manner provided for in this subdivision. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas to service Tenant's office equipment and the machinery and mechanical equipment for the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Buildingutilized by Tenant, if any, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such service, the amounts applying to Tenant's measured electrical demand and consumption (amounts, as determined by the Submeter, for the purpose of measuring Tenant's consumption and demand. In the event said air conditioning units are used by other tenants of the building, the electric charges for such Submeter) Landlord's units shall be allocated by Landlord proportionately, on the basis of the respective amount of rentable square feet occupied by such tenants, including Tenant. Tenant shall not be charged for electric charges for such units during times in which other tenants have requested air-conditioning on weekends and outside regular business hours. The additional rent payable by Tenant pursuant to this subdivision 1, shall be computed in the same manner as that for computation of Landlord Cost, as applied to the Demised Premises, plus a fee (the "Overhead Charge") equal to nine six percent (96%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge Charge, are herein collectively called the "Electricity Additional Rent", and such amounts computed from the Submeter shall be binding and conclusive on Tenant. If the Submeter should fail to properly register or operate at any time during the term of this lease for any reason whatsoever, Landlord may estimate the Electricity Additional Rent, and when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Tenant paying any deficiency to Landlord within ten (10) days after demand therefor, or by Landlord crediting Tenant with the amount of any overpayment, as the case may be. Landlord, at its option, may from time to time, increase the Electricity Additional Rent based upon upon, among other things, any increase in Landlord's Cost. The periods to be used for the aforesaid computation shall be as Landlord, in its sole discretion, may from time to time elect. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premises), the electric service rendered through each meter may be computed and billed at Landlord's option, separately as above set forth, or cumulatively. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect. Landlord and Tenant agree, that the Submeter might be installed subsequent to the date (the "Initial Occupancy Date") that Tenant, or anyone (including, without limitation, any contractors or other workmen) claiming under or through Tenant first enters the Demised Premises. In such event, Landlord, at Landlord's sole option, may either (x) estimate the event that such Bills are not paid Electricity Additional Rent payable by Tenant for the period commencing on the Initial Occupancy Date and ending on the Occupancy Reading Date (hereinafter defined), and Tenant shall pay to Landlord, within thirty ten (3010) days after demand therefor, the same are rendered, Landlord mayamount set forth on Landlord's estimate and, after rendition of a subsequent Landlord's Statement, an additional thirty appropriate reconciliation shall be made for any deficiency owed by Tenant, or any overage paid by Tenant or (30y) render a Landlord's Statement to Tenant, after a reading of the installed Submeter is made (said date upon which the Submeter is read, being herein called the "Occupancy Reading Date") on or about the date upon which Tenant shall have commenced normal business operations in the Demised Premises, and the amount calculated from the Submeter on the Occupancy Reading Date shall be determined on a per them basis and then multiplied by the number of days from the Initial Occupancy Date through the Occupancy Reading Date to arrive at the amount due for said period, and Tenant shall pay the Electricity Additional Rent on the basis of such Submeter reading within ten (10) days written notice and Tenantafter rendition of Landlord's failure to cure Statement detailing such default within such aggregate sixty (60) day period, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuancecomputation. If any tax, exclusive of federal, state or city income tax payable by Landlord, is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federalfederal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage Proportionate Share (as said term is defined in Article 12 hereof of such taxes shall be passed on to, and included in the ▇▇▇▇ of, and paid by Tenant to Landlord as additional rent. In the event the Submeter ceases to operate properly, Landlord shall cause such Submeter to be repaired within a reasonable time after receiving written notice from Tenant that such Submeter is inoperative.

Submetering. Landlord shall, at TenantLandlord's sole cost and expense pursuant to Article 52expense, install and maintain a meter or meters (collectively, the "Submeter") ), at a location designated by Landlord, connections from the risers and/or circuits servicing the demised premises to the Submeter and perform all other work necessary for the furnishing of electric current by Landlord to measure Tenant's consumption of electricity the demised premises in the Demised Premises onlymanner provided for in this Subdivision 1. The Landlord hereby warrants that as of the date of this lease, it is legal to install a submeter as stated within this lease. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas demised premises to service Tenant's office equipment and the air machinery and mechanical equipment for the air-conditioning units and other appurtenant equipment contained therein or elsewhere in the Buildingutilized by Tenant, if any, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such serviceservice the amounts, the amounts applying to Tenant's measured electrical demand and consumption (as determined by such the Submeter) , for the purpose of measuring Tenant's consumption and demand. The additional rent payable by Tenant pursuant to this Subdivision 1, shall be computed in the same manner as that for computation of Landlord's Cost, as applied to the demised premises plus a fee (the "Overhead Charge") an amount equal to nine ten (9%10) percent of such charge to Landlord, representing administrative/overhead costs to Landlordthe cost of electricity for administrative costs. The amounts computed from the Submeter together with the Overhead Charge Charge, are herein collectively called the "Electricity Additional Rent", and such amounts computed from the Submeter shall be binding and conclusive on Tenant unless Tenant reasonably disputes the same. If the Submeter should fail to properly register or operate at any time during the term of this lease for any reason whatsoever, or if Landlord shall not read the Submeter at the end of each month, Landlord shall reasonably estimate the Electricity Additional Rent based upon an ERIF of $2.50 per rentable square foot annual figure, and when the submeter is again properly operative or read, an appropriate reconciliation shall be made quarterly, by Tenant paying any deficiency to Landlord within thirty (30) days after receipt of written notice, or by Landlord crediting Tenant with the amount of any overpayment, as the case may be. Landlord, at its option, may from time to time, increase the Electricity Additional Rent based upon any increase in Landlord's Costthe rates charged to Landlord from the Utility. The periods to be used for the aforesaid computation shall be the immediately preceding month for which submeter readings are available unless the parties agree to the contrary. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premises)Tenant, the electric service rendered through each meter may be computed and billed at Landlord's option, separately as above set forth, or cumulatively. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect. In the event that such Bills are not paid within thirty (30) days after the same are rendered, Landlord may, after an additional thirty (30) days written notice and Tenant's failure to cure such default within such aggregate sixty (60) day period, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state State or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the ▇▇▇▇ of, and paid by Tenant to Landlord as additional rent.